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Amazon Joins Companies Arguing US Labor Board is Unconstitutional (reuters.com) 122

Amazon has joined rocket maker SpaceX and grocery chain Trader Joe's in claiming that a U.S. labor agency's in-house enforcement proceedings violate the U.S. Constitution, as the retail giant faces scores of cases claiming it interfered with workers' rights to organize. From a report: Amazon in a filing made with the National Labor Relations Board (NLRB) on Thursday said it plans to argue that the agency's unique structure violates the company's right to a jury trial. The company also said that limits on the removal of administrative judges and the board's five members, who are appointed by the president, are unconstitutional. The filing came in a pending case accusing Amazon of illegally retaliating against workers at a warehouse in the New York City borough of Staten Island, where employees voted to unionize in 2022.
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Amazon Joins Companies Arguing US Labor Board is Unconstitutional

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  • if we had better labor laws like the EU then less need for unions.

    In the USA we let Amazon drivers be controlled by amazon but be paid by an franchise.

    And that franchise has to cover alot of the costs but has no real control over stuff. It's like you are buying an job but the stuff you buy is locked to Amazon

    • by XXongo ( 3986865 ) on Friday February 16, 2024 @01:24PM (#64245256) Homepage

      if we had better labor laws like the EU then less need for unions.

      The EU has more unions, and more powerful unions, than the US.

      In fact, you might argue that EU has better labor laws because it has more powerful unions.

      • They also do it a bit different as many of the unions are sectoral unions

        But most European countries, and some other rich countries outside the US, have figured out an ingenious way around this. Unions there bargain not at the company level but at the sector level — negotiating for all workers in an entire industry rather than just one company or workplace.

        In France, for example, an employers' federation representing restaurants will negotiate with a union representing restaurant workers. They reach a

      • The EU has more unions, and more powerful unions, than the US.

        Yes, but in the EU you cannot be compelled to join a union. Here in Canada, you can be compelled to join and the result is that unions don't have to listen to members and are despised by many of us who are forced to join them. The result is weaker unions that are more interested in serving their leaders than their members.

        • by Rhipf ( 525263 )

          Not sure which union you are referring to but to my knowledge union leadership is voted on by the union members. If you don't like the leadership vote them out.

          • That only works if you get a majority to vote and someone willing to stand as a leader whom you agree with. Union leaders are not complete idiots and pander to the largest demographic/political group in the union. If you do not happen to be part of that group then they can, and my experience is that they do, screw you over by charging higher dues and completely ignoring your views and interests.

            That is why the right to not be a union member is important - it forces the leaders to either listen to and rep
    • by SirSlud ( 67381 )

      Sometimes I wonder if US schools teach anything at all.

    • Here in Denmark almost all labour protection is via unions, who resist EU rules as being against "the Danish system", which was established back around 1890, where labour unions and employers unions negotiated the basic rules - without the government.
  • It doesn't matter if whiners such as Amazon and Trader Joe's don't like the structure of the board. Congress created the board in 1935 through legislation [archives.gov] and its constitutionality has already been upheld in 1937, and thereafter. In fact, the Senate has to approve the board members:

    Sec. 3. (a) The National Labor Relations Board (hereinafter called the âoeBoardâ) created by this Act prior to its amendment by the Labor Management Relations Act, 1947 , is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with the advice and consent of the Senate. Of the two additional members so provided for, one shall be appointed for a term of five years and the other for a term of two years. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.

    Not sure where Amazon's going with this other than whine about being held accountable for the people who keep getting injured or die in their warehouses from unsafe work conditions or overwork.

    • Clearly they have too much money in the bank to spend on frivolous lawsuits. Sounds like they need to pay a lot more taxes.

    • Not sure where Amazon's going with this other than whine about being held accountable for the people who keep getting injured or die in their warehouses from unsafe work conditions or overwork.

      Given Amazon's warehouse abuse history, you act as if this action isn't a financially justified move by Amazon.

      Given current litigation costs/profit motive, it's quite sad that it is more than justified.

    • by PPH ( 736903 )

      Don't forget US Constitution Article I, Section 8, Clause 9. Inferior Federal Courts [congress.gov]. I wish Amazon and others luck. But based upon our inability to free ourselves from the tax court, I doubt they'll make much headway.

    • You do realize this far right SCOTUS has no concern for 'precedent' or stability and will rule in favor of big corps every chance it gets? And yes, it will get to the SCOTUS.

      You're making the mistake and thinking the right wing and corporations operates in good faith.
    • Re: (Score:1, Troll)

      by DarkOx ( 621550 )

      Just because FDR threatened to pack and therefore cowed the court into upholding his anti-american bullshit does not mean the present court will be so cowed. Its high time to revisit some of the wrenched new-deal era decisions that have been allowed to stand way to long.

      • by Jerrry ( 43027 )

        Just because FDR threatened to pack and therefore cowed the court into upholding his anti-american bullshit

        And much of the far-right in this country thinks the 13th Amendment, the Civil Rights Act, and the Voting Rights Act are anti-American bullshit too...

    • Re: (Score:3, Insightful)

      If Congress created it, it's not unconstitutional

      That isn't how it works at all.

  • by aldousd666 ( 640240 ) on Friday February 16, 2024 @01:23PM (#64245248) Journal
    Your opinion on unions is not germane to this case. This case is about whether or not the labor relations board has the right to adjudicate labor issues of law that would normally take place in a court of law with judges and jurors selected in the normal ways that judges and jurors are selected, as opposed to what we have now which is an appointed set of arbitrators that use their own special courts, outside of the US court system, to mete out justice. The agency will likely lose this case, and so a lot of labor relations caselaw will be subject to re-litigation. (In case you want to know what I think about unions, apart from this case, personally, I'm ok with unions for jobs that have actual safety issues, like mining and steel making and even some manufacturing where you are in physical danger, but most of the time unions are just professional rackets that specialize in administrative overhead, being squeaky wheels despite rational protests to the contrary. Plus, in a union shop, you cannot negotiate yourself a better salary than your peers even if you overproduce. That, to me, is a fail.)
    • by SirSlud ( 67381 )

      you could negotiate yourself a better salary than your peers even if you underproduce, but are better at negotiation .. so yeah, pardon me for not drawing a straight line from the freedom to negotiate salary to a superior meritocracy

    • Plus, in a union shop, you cannot negotiate yourself a better salary than your peers even if you overproduce. That, to me, is a fail.)

      The only way you validate "overproduce" is if you're an owner of the company. Otherwise, why are you even bothering to overproduce for someone else who won't think twice about firing you, because bottom line. That to me, is the real fail here.

      • The failure of appropriate recompense for performance is not the fault of unions, it is the fault of corporate ownership. Only worker-owned co-ops can deliver bonuses fairly to those who produce value. This is a fundamental failure of workers to appreciate and respect their own value and allow themselves to be exploited.
        • What are you talking about? I've seen people get FIRED because they granted someone else who nominally had the same job as someone else because the union said it was unfair to pay one more than the other. It was absolutely the fault of the unions and the direct result of someone filing a union grievance.
    • Plus, in a union shop, you cannot negotiate yourself a better salary than your peers even if you overproduce. That, to me, is a fail.

      Wanna bet? My dad worked in a union dominated industry (Retail Clerks in Southern California) and never worked for mere union scale. You can always negotiate, and if you're good enough at what you do, you can get a better pay rate than the rank and file.
    • by stikves ( 127823 )

      Yes,

      The same exact thing came up during Microsoft / Activision discussions. The enforcement agency (FTC) decided to hold the internal court date at pretty much after the merger deal deadline. One may dislike Microsoft or not, but can easily see the intentional delayed justice is not justice at all.

      (For those who are interested, what happened was Microsoft got approval from pretty much in every other country, and then forced FTC's hand by saying "we will close over", which finally got them a Federal, not int

  • by Calydor ( 739835 ) on Friday February 16, 2024 @01:26PM (#64245272)

    Aren't these the SAME COMPANIES that make you sign away YOUR right to a jury trial in favor of arbitration?

    • Aren't these the SAME COMPANIES that make you sign away YOUR right to a jury trial in favor of arbitration?

      Yeah, but that's just for the plebs. These actions are likely for the legal threats they haven't been able to completely dismiss with a EULA no one reads.

    • by Moof123 ( 1292134 ) on Friday February 16, 2024 @02:26PM (#64245494)

      Part of the point of a labor board was to mitigate the inherently asymmetric relationship between a single worker and a large company. The courts are a very expensive way to deal with a labor issue. Basically the payout has to be in the 6-figures level just to get a lawyer to even think about taking your case. Large companies have the ability to bankrupt anyone with legal fees for more minor offenses. If such a board ceases to exist it will embolden many more abuses to escalate.

    • Sign?! How old school. Just opening a box, or visiting a website can result in you vicariously getting entangled in the TOS. Long gone are the days where you had the right to refuse a contract while just going about your day.

  • ...they are right.

    The US has dozens of agencies that write regulations, and enforce those regulations as if they were law. It's impossible to know just how many regulations apply to you, as an individual, but it's a safe bet that there are hundreds, and probably thousands of them.

    The enforcement is done by the agencies themselves, who are hardly neutral in the matter. They have internal goals to reach, and protesting their actions will irritate them. The IRS is the best known example of this: I had a fr

    • by omnichad ( 1198475 ) on Friday February 16, 2024 @02:36PM (#64245538) Homepage

      tl;dr There is a lot of bathwater, but also a lot of babies. Companies want to throw it all out.

      So if someone has the authority to do something, you want to say they aren't allowed to delegate some of that work? This isn't about the number of regulations. It's because Congress dealing with this directly is impossible and that's exactly what large corporations want - more incompetence so there are fewer rules. They don't want the system to work at all. The regulations themselves ARE as if they were law. In the sense that an authority that has the ability to make laws gave them part of that authority. And at any time Congress can vote to overrule or curb that ability.

      You gave an example of corruption in an agency that probably should have been handled by federal law enforcement. It's an illegal abuse of power by individuals and it has little to do with the organizational structure.

      If the companies wanted to argue that the agencies just shouldn't be the enforcement or judicial branch, I wouldn't disagree. But they want to claim the entire organizations are unconstitutional. They only need the traditional separation of powers that the main legislative branch has from judicial and executive. I think it makes sense that subject matter experts in the organizations should be helping to make determinations on whether a rule is violated. It would even help provide documentation in court where they would otherwise have to hire subject matter experts only after a guess at a violation is discovered. Enforcement and adjudication can be shifted elsewhere without ruining that.

  • In other news, water is still extremely wet.

  • by iAmWaySmarterThanYou ( 10095012 ) on Friday February 16, 2024 @02:18PM (#64245464)

    This is what happens when you make corporations into human-like legal entities with human rights. So that's error 1.

    Error 2 is having the NLRB operate the way it does. If anyone of you have ever had to deal with union rules, complaints, right, organizing, and hard core pro-union staff you know what a pita hostile situation unions create. They do it because it makes conflict is required to make union leaders money and gain power even if it comes at the expense of the members. So they cry every little thing to the NLRB but the corporate response is to do the absolute bare minimum legally required.

    Error 3 is corporations not treating employees well enough that so the employees don't feel the need for a union in the first place. Unions, which suck, are the unwanted result of corporations mistreating staff. Staff then feel they have no choice but to jump from the frying pan into the fire and join/create a local union.

    It's all a big fucking ugly mess that didn't have to be this way. Companies should treat people better. Unions should actually help their members. Or better yet staff shouldn't feel the need to join at all. Dumbness all around.

    And yes, I have operated under union rules on both sides of the table. Just trying to get some work done in a mutually acceptable way and go home early but everyone is all fucking hostile for no reason just because it's this artificial "union vs management" bullshit.

    • The problem with unions come when unions get to the size of these large corporations and use the same bad tactics. But employees are individually too small to have a meaningful impact on labor negotiation beyond "take it or leave it." The power imbalance needs to be fairly close to even for things to get anywhere.

  • While they offer an array of cheap, quality cheeses, organic products, and private labeled ethnic foods, they're still a corporation who has successfully hippieturfed themselves while thwarted livable wages and unionization.
  • Let's see how long it will take before the court stops laughing.
  • (Also) Make arbitration illegal too where you also don't get a jury or even judge trial.
  • In the end it's ALWAYS the working class who get fucked. Thanks Ayn Rand.
  • Perhaps we should review non government entities that have more power over our own government than any citizen. Currently we call them Corporations.
  • Scotus has ruled recently in cases similar to this. Amazon has a good chance of winning.

    Scotus better watch it, though, because these administrative judges are also who sends illegal immigrants back.

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